Dingeldei v Leedham [2010] NSWSC 116

New South Wales Supreme Court

CITATION : Dingeldei v Leedham [2010] NSWSC 116

HEARING DATE(S) : 19 February 2010

JUDGMENT DATE : 19 February 2010

JUDGMENT OF : Bryson AJ at 1

EX TEMPORE JUDGMENT DATE : 19 February 2010

DECISION : 1. Declare that in the administration of the estate of the testator and the ascertainment of entitlements to distributions the defendants are not entitled to charge against the plaintiff any debt or supposed debt owing by the plaintiff to the deceased in the amount of $155,000 or any like amount. 2. I order that the defendants pay the costs of the plaintiff of these proceedings, and further order that in the ascertainment of entitlements and distribution of the estate the costs payable to the plaintiff and the costs incurred by the defendants in relation to these proceedings shall not be brought into calculation but shall be charged only against the interests of other beneficiaries.

CATCHWORDS : WILLS PROBATE AND ADMINISTRATION – Entitlement on distribution where executors claimed to offset debt owed by beneficiary to deceased – Decision on operation of non-standard Deed of Agreement and Loan Agreement entered into by testator with beneficiary – On construction of documents HELD the beneficiary had a contractual right under Deed of Agreement Cl 13 to discharge of debt arising according to terms of Loan Agreement – Decision on documents, no general principle.

CATEGORY : Principal judgment

Carol DINGELDEI (plaintiff) PARTIES : Robert LEEDHAM (first defendant) Robyn WING (second defendant) Estate of the late Lambert Henry LEEDHAM, deceased.

FILE NUMBER(S) : SC 2009/287160